Singh (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, subclass 187, Direct Entry stream, for the position of Restaurant Manager. The applicants, Ms Sharanjit Kaur and Miss Jaismeen Kaur Sandhu, sought review of a decision to refuse their visa applications. The core of the dispute revolved around whether the nomination for the position had been approved, as required by the relevant regulations.

The Administrative Appeals Tribunal (AAT) was required to determine whether the applicants met the criteria set out in clause 187.233 of the Migration Regulations 1994, specifically whether the Minister had approved the nomination. This clause mandates that the nominator must be the prospective employer, the nomination must have been approved and not withdrawn, and there must be no adverse information known to Immigration concerning the nominator or associated persons, among other conditions.

The Tribunal found that the nominator, Kunwar Pty Ltd, had been deregistered on 29 March 2019, ceasing to exist as a legal entity. Consequently, there was no longer a person with standing to apply for or continue with an application for review. The Tribunal concluded that it therefore had no valid application for review before it and no jurisdiction in the matter. As a result, the original decision to refuse the employer nomination stood, meaning there was no approved employer nomination. The Tribunal affirmed the decision not to grant the applicants their visas.